House of Lords Journal Volume 6: 22 July 1644

DIE Lunæ, videlicet, 22 die Julii.

PRAYERS, by Mr. Burges.

Domini præsentes fuerunt:

Lady Goring to receive 80 £. Part of her Yearly Allowance, detained.

Upon reading a Petition of Dame Mary Goring; shewing, "That whereas, about a Year since, it pleased the Parliament to allow her Five Hundred Pounds per Annum for her Maintenance; and whereas the Sum of Eighty Pounds of the said Five Hundred Pounds being received for the Petitioner's Use, by one Mr. Salter, an Ironmonger at Billinsgate; but, upon Discovery of the said Money by certain Letters from the Collector of the Petitioner's Rents, taken at the Court of Guard, and carried before the Committee (fn. 1) at Campden House, that Committee made Stay of the said Eighty Pounds in Mr. Sadler's Hands, and is this Day to be taken out of his Custody except Cause be shewed to the contrary. The Petitioner therefore most humbly prays their Lordships to give some Directions to the said Committee to forbear to seize on the said Money, but that she may receive the same to her Use."

Ordered, That this House grants the Prayer of this Petition.

Sir John Bankes, Sir Robert Heath, Sir Robert Foster, and Sir John Glanvile, impeached by the Commons.

A Message was brought from the House of Commons, by Mr. Bainton and others; who said, "He was commanded, by the Knights, Citizens, and Burgesses now in Parliament assembled to accuse, and did accuse, Sir Rob't Heath Knight, Sir John Bankes Knight, Lord Chief Justice of the Common Pleas, Sir Rob't Foster Knight, One of the Justices of the Common Pleas, Sir John Glanvile Knight, Serjeant at Law, of High Treason, in their own Name, and in the Name of all the Commons of England, for adhering to the Enemies of the King; Parliament, and Kingdom, now in Arms against the Parliament; and the House of Commons desire that such Witnesses as shall be produced upon these Impeachments, by a Committee of the House of Commons, may be examined upon Oath, by a Committee of Lords, in the Presence of a Committee of the House of Commons."

Ordered, That this House agrees to nominate a Committee, according to the Desire of the House of Commons.

Serjeant Glanvile to be committed.

Ordered, That Serjeant Glanvile shall be brought before this House on Wednesday Morning next; and then this House will commit him as a Prisoner of this House.

Committee to examine Witnesses concerning him, Sir Robert Heath, &c.

Ordered, That these Lords following are appointed and nominated Committees, to examine such Witnesses upon Oath, in the Presence of a Committee of the House of Commons, as they shall desire, concerning Sir Rob't, Sir John Bankes Knight, Sir Rob't Foster and Sir John Glanvile Knights:

Any Three, to meet when they please.

Lady Isabella Sackvile and the Earl of Thanet.

A Petition of the Earl of Pembrooke and his Lady, in Behalf of her Daughter the Lady Isabella Sackvill, concerning the settling of some Lands in Difference between the said Lady Isabella and the Earl of Thanett: And this House Ordered these Lords Committees following to hear Counsel on both Sides, and to compose the Difference between them if they can, else to report to the House:

Any Three, to meet when they please.

Assembly of Divines, Leave to adjourn for a Fortnight.

Dr. Burges and others came with an humble Suit from the Assembly of Divines, "That their Lordships would please to give Consent, that the Assembly of the Divines may have Leave to adjourn till Wednesday next come Fortnight."

Hereupon this House returned this Answer: That this House gives the Assembly of Divines Thanks, for their great Pains and constant Sitting, and thinks it fit that they adjourn the Assembly until Wednesday come Fortnight.

Sir Gregory Norton & al. Petition, for a Recompence in Lieu of their Places at Court, taken from them for adhering to the Parliament.

Upon reading the Petition of Sir Gregory Norton Baronet, Humphrey Edwards and Arthur Samuell Esquires, shewing, "That they having withdrawn themselves from their Attendance on the Court, and adhered to the Parliament, have their Places taken from them at Court; in Consideration whereof, they desire the Parliament to take them into Consideration, that they may be settled in some constant Way for receiving their Pay for (fn. 2) the future, out of His Majesty's Revenue; and, for their present Subsistence, that a Year's Pension may be paid them, to re-pay their Losses hitherto sustained."

Ordered, That this Petition be sent to the House of Commons, with Recommendations, to be referred to the Committee for the Revenue.

Justice Reeves, Leave to be absent.

Ordered, That Mr. Justice Reeves hath Leave, in regard of his ill Health, to go into the Country, and to be absent from his Attendance on this House, until the First of September next.

Lord Rich, committed to the Black Rod.

The House being informed, "That the Lord Rich is taken by Sir Wm. Waller's Scouts, and brought to London:" It is Ordered, That he stand committed to the Custody of the Gentleman Usher of the Black Rod, until the Pleasure of this House be further known.

Tooley.

Ordered, That the Complaint against Mr. Tooly shall be heard on Saturday Morning next.

Proceedings against Persons impeached.

Ordered, That the Committee to consider of the Proceedings against such Persons as are impeached of High Treason shall meet on Friday Morning next.

Lords Leave to be absent.

Ordered, That the Lord Willoughby hath Leave to be absent for a Month.

Ordered, That the Earl of Stamford hath Leave to go to the Waters, for (fn. 3) his Health, for a Month.

Message to the H. C. to expedite Two Ordinances;

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Dr. Aylett:

1. To desire their Expedition in the Ordinance concerning Mr. Clarke to be Minister of Sutton's Hospitall.

2. To desire their Expedition in the Ordinance concerning Creation-money.

about considering the Paper of The States Ambassador;

3. To desire an Answer concerning a Committee to consider of the Paper of The States Ambassadors (fn. 4), concerning the Ships that are taken.

with an Ordinance;

4. To desire Concurrence in an Ordinance for exempting of Parks from Assessments.

and the Petition of Sir G. Norton & al.

5. To deliver to them the Petition of Sir Gregory Norton, &c. and desire that it may be recommended to the Committee of Revenue.

Dr. Johnson to deliver in an Accompt of the Tithes of Whitechapel and Wapping.

Upon reading the Petition of the Hamlet of Wapping:

It is Ordered, That Dr. Johnson shall forthwith bring before the Assembly of Divines all such Books, concerning the Rates, Receipts, Duties, and Tithes, touching the whole Benefice of Whitechappell and Wapping, or so many of them as the Assembly shall think fit, whereby a perfect Return of their Proceedings (fn. 5) may be made, according to their Lordships Reference.

Lady Isabella Sackvile and the Earl of Thanet.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Phillipp Earl of Pembrooke & Mountgomery, and of Anne Countess of Pembroke & Mountgomery his Wife, in Behalf of her Daughter the Lady Isabella Sackvill,

"Sheweth,

"That Richard late Earl of Dorsett deceased, being heretofore seised in his Demesne, as of Fee, of and in the several Manors of Bolebrooke, Bassetts, Tigh alias St. Tigh, Chartneys alias Charkneyes, Willmington, Frogfirle, Sharnfold, and Peeling, with their and every of their Rights, Members, and Appurtenances, in the County of Sussex, did settle the same, amongst other Things, upon your Petitioner the Countess of Pembrooke, for her Life, as Part of her Jointure.

"That, the said Earl of Dorsett dying without Issue Male of his Body, the said Manors and Premises descended and came in Reversion to the Lady Margarett Sackvill, sithence married to the Earl of Thanett, and to the Lady Isabella Sackvill, as Daughters and Coheirs of the said late Earl of Dorsett.

"That, upon the Marriage of the said Lady Margarett with the now Earl of Thanett, by Articles in Writing, dated the 17th of April, in the Fifth Year of our now Sovereign Lord King Charles, between Nicholas late Earl of Thanett of the One Part, and the Countess of Pembroke your Petitioner by the Name of the Countess of Dorsett of the other Part, it was agreed, amongst other Things, that your Petitioner could convey the Interest and present Possession of the Capital Messuage called Bolebrooke Place, and of the Park and Demesne Lands there, and of the said Lands, Tenements, Manors, and Hereditaments, called Bolebrooke, Bassetts, Tigh alias (fn. 6) St. Tigh, Chartneyes cum Golbins, to the Lord Tuffton, now Earl of Thanett, and the Lady Margarett his Wife, in Possession; which was done accordingly by your Petitioner.

"And the said Earl of Thanett hath ever since received the Profits of the said last mentioned Manors and Premises, the same being of the Yearly Value of Four Hundred Nineteen Pounds, Nineteen Shillings, Three Pence, besides the Park, and hath cut down Woods growing upon the Premises of very great Value; by which Means, the said Lands and Manors so assigned to the said Earl of Thanett are become less valuable to be sold than the other Manors beforementioned, which have been in the Possession of your Petitioner the Countess of Pembrooke, the Woods whereof have been carefully preserved.

"That it was ever meant and intended, that the Inheritance of the Manors assigned in Possession by your Petitioner to the Earl of Thanett should go to the said Earl of Thanett, and the Lady Margarett the Countess of Thanett, and to the Heirs of the Lady Margarett; and that the Inheritance of the other Manors and Lands should go to the Lady Isabella Sackvill the Younger Daughter, and her Heirs.

"Yet the said Earl of Thanett, having much wasted the Woods growing upon the said Manors so assigned unto him in Possession, would now have all the said Manors cast in Hotch-potch, and some Division made thereof, by which Means he will have as great Share of those Manors the Woods whereof have been preserved as the Lady Issabella shall have; and, unless such Division may be made, he refuseth to make an Estate in the Manors now in your Petitioner's Possession to the Lady Isabella Sackvill and her Heirs; howbeit the said Lady Isabella, having now accomplished the Age of Twenty-one Years, is able and willing to release all Right of the Manors now in the said Earl's Possession, so as the said Earl and Countess will release all their Right unto the said Lady Isabella in the said Manors in your Petitioner's Possession.

"Now, for that the Parties concerned herein are so nearly allied in Blood, it is humbly desired from your Lordships, that, by your Honourable Mediation, the Estates in the said respective Manors may be so settled, by mutual Releases, or otherwise, as shall be advised by Learned Counsel, without Suit in Law; but, if the Earl of Thanett shall refuse so to do, that then your Lordships will give Leave to the said Lady Isabella to proceed against the said Earl of Thanett by such Course in Law or Equity as shall be advised by Counsel.

"And your Petitioners, &c."

Dr. Johnson to give an Accompt of the Tithes of Whitechapel, for a Maintenance to be provided for a Minister for the Hamlet of Wapping.

"Upon the Petition of the Inhabitants of the Hamlet at Wapping; complaining, That Mr. Dr. Johnson, Incumbent of Whitechappell and Wapping, refuseth to bring in his Books of Rates, Receipts, Duties, and Tithes, of the said Parish and Hamlet, to the Assembly of Divines, who are to provide a sit and able Minister for the same Hamlet, and to appoint what reasonable Allowance he shall have out of the Tithes and Duties of the said Hamlet: It is Ordered, &c. in Performance of a former Order of this House, of the 18th of June last past, That the said Mr. Dr. Johnson shall forthwith bring before the said Assembly, or some of them, such Books concerning the Premises, or so many thereof as they shall think fit, whereby a fitting Allowance may be made to such Minister as shall be appointed by them to officiate in the said Hamlet; and that the which Books, being perused as aforesaid, shall be safely returned to him the said Mr. Dr. Johnson."

Adjourn.

House adjourned till 9^a, Wednesday next.